Whether you have a “case” depends on whether the evidence supports the legal elements required to prove fault, liability, and causation under the applicable injury laws. For example, most cases must prove the elements of negligence. The basic elements of a negligence claim are:
Let’s look at an injury arising from a motor vehicle accident. The elements of negligence would be:
The above example is a simplified explanation of how you prove the elements of negligence in an injury case. However, most injury cases are much more complicated. Also, some injury cases have different requirements or elements which you must prove.
For example, in a traffic accident case, all motorists have the same duty of care to operate the vehicle safely. However, in a medical malpractice case, you must establish the medical duty of care for a specific situation. The medical duty of care varies depending on the type of case. In a premises liability claim (slip and fall case), you need to prove the property owner’s knowledge of a dangerous condition and their subsequent failure to act.
On the other hand, in a case involving a work accident, if workers’ compensation covers the work accident, you do not need to prove negligence to receive workers’ compensation benefits. However, if the case involves a third-party claim, you would need to prove the third-party was negligent in causing the accident, which resulted in your injury.
Accidents happen in myriad ways. We are always willing to hear about your specific accident and advise you as to whether we believe there is a potential claim to pursue.